April 2, 2009

Recipient Information:

Digg, Inc.


USA

Sent via: email
Re: SECOND DMCA NOTIFICATION - UNAUTHORIZED PRETHEATRICAL RELEASE MATERIAL

In addition to disabling access to or removing the infringing links posted below, we ask that you preserve all evidence of this infringement, including any identifying information for any user or the email or IP address used to upload or download the material, in anticipation of Twentieth Century Fox Film Corp. (“TCFFC”) serving a subpoena to obtain this information through legal process. This preservation request is set forth in greater detail in the attached document.

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Evidence Preservation Notice in Anticipation of Litigation

This firm represents Twentieth Century Fox Film Corp. (“TCFFC”). We write to request that you immediately preserve all electronic records and paper documents relating to the uploading, linking, or otherwise providing access to X-MEN ORIGINS: WOLVERINE, including but not limited to the actual file(s) and the I.P. addresses, server logs, user registration data and all other files, records, documents or information constituting or evidencing the file(s) uploaded to the infringing links we provided you in TCFFC’s notification of copyright infringement emails and by whom or from which computer and network (“Information”).

Specifically, we ask that you:
• Take all reasonable and necessary steps to identify and preserve the Information.
• Preserve all backups, in whatever media, containing relevant account information.
• Do not delete any computer files or account information even if, pursuant to your own customer policies as a result of the information we have provided, you decide to terminate any customers' rights to access their accounts or files.
• Do not delete any files or data, including logging information, providing evidence of any persons accessing or downloading the infringing copies of the Fox material described in this letter.

We ask that you preserve the Information pending service of a subpoena in a lawsuit we are preparing to file. We further ask that you preserve this material for the full duration of the lawsuit.

As you know, electronically stored information may be overwritten, destroyed, deleted or lost unless affirmative steps are taken to preserve the information. Destruction, or spoliation, of relevant evidence carries significant penalties in a civil action, which may include fines,

evidentiary instructions, default judgment and dismissal of claims and defenses. We request that you take whatever steps are necessary to preserve all relevant information from these sources, including imaging or copying vulnerable data, taking backup tapes out of any recycling rotation, and preventing any automated or human-guided deletion, defragmentation, recycling or
overwriting of information. We request that you preserve all relevant deleted, draft, revised and fragmented information with all associated metadata, whether online, near line or off line.

It is incumbent upon you, following notice, to preserve and protect electronic evidence. Courts may impose very severe penalties for destroying, concealing, or otherwise altering Information once a notice of preservation has been sent.
Please do not hesitate to contact us directly if you have any questions.

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